Weight Loss Products Maker Hit With False Advertising Class Action

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A Los Angeles resident is suing the makers of a popular line of dietary supplements, alleging that the products weight loss claims are “false, misleading, deceptive and unlawful.”

Plaintiff Mohammed Daboussi filed a putative class action lawsuit against Iovate Health Sciences USA Inc. who advertises and sells weight loss products enhanced by green coffee bean as the key ingredient to weight loss.

These products include Garcinia Cambogia Plus, Garcinia Cambogia Plus Gummies, Coconut Oil, Green Coffee Bean, Matcha Green Tea Plus, Probiotics Plus Weight Loss, Raspberry Ketones Plus, among others.

Examples of the claims that have appeared on the weight loss products labels include: “Lose Weight with Green Coffee,” “Weight Loss with scientifically dosed green coffee,” and “Backed by 2 Scientific Weight Loss Studies.”

In his lawsuit, Daboussi takes issue with Iovate’s four-page Summary Report that is referenced on their product labels. The Summary Report was allegedly prepared by two company employees that supply Svetol, or green coffee bean extract.

According to Daboussi, Iovate represents on their labels that volunteers lost an average of 10.95 pounds when they used the weight loss products for 60 days as shown by the Summary Report.

But Daboussi states that Iovate concealed material information about the sole Summary Report that supports its claims about the weight loss benefits of its products in order to deceive consumers into purchasing the weight loss products.

Specifically, Daboussi says the Summary Report falls short and misleads consumers into thinking the weight loss products have proven results when the report provided no scientific data showing actual reduction in weight and provided no baseline body weight of the volunteers.

Additionally, Daboussi claims the Summary Report did not provide any data about randomization, double-blindness and/or placebo control of any of the studies and failed to report on any controls of lifestyle factors.

He brings this class action against Iovate for alleged violations of the Unfair Competition Law, violations of the False Advertising Law, violations of the Consumer Legal Remedies Act, breach of express warranties, and breach of implied warranty of merchantability.

Daboussi seeks to represent a Class of California consumers who purchased Iovate’s weight loss products in the past four years.

He is seeking restitution and an order enjoining Iovate from using any “challenged labeling or marketing claim that is found to be false, misleading, or unlawful” as well as an order compelling Iovate to conduct a corrective advertising campaign, destroy all misleading and deceptive advertising materials and the weight loss products’ labels.

Iovate is no stranger to allegations of false and misleading advertising of its products. In 2010, the Federal Trade Commission sued Iovate for false and deceptive advertisement in the sale of dietary supplements.

Iovate settled these claims, agreeing to pay a fine and an injunction prohibiting them from making false or misleading advertising for weight loss supplements unless they possess competent and reliable scientific evidence “consisting of at least two adequate and well-controlled human clinical studies of the advertised weight loss supplements.”

Daboussi is represented by Martin E. Jerisat of Rhema Law Group and Gordon G. Phillips of Phillips Erakat LLP.

The Iovate Weight Loss Products Class Action Lawsuit is Daboussi, et al. v. Iovate Health Sciences USA, et al., Case No. 2:16-cv-08049, in the U.S. District Court for the Central District of California.